Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-20

be removed from said Office Whenever
a tract of land is applied for, the county
or district surveyor is officially notified
that payment has been made upon the
same and accepted by the state treasurer !;
he shall mark in distinct and colored ink,
correctly delineated and located, q
plot of said tract upon the map of
the proper county, and within the
bounds of the plot of said tract so
delineated on such map, he shall write
the name of the applicant, date of sppli-
cation and page and volume where re-
corded. Whenever any tract of land ap-
piled for under the provisions of this act
is forfeited from any cause whatsoever,
the county or district surveyor upon re-
ceiving official notification of the fact,
she'll write forfeited" in distinct letters
upon such tract as plated upon his Off
Cial map, showing the date of said for
feitu:e, and ne shall note the same in red
ink, written diagonaliy across the record
ed copy of the application for said land.
Sec. 10. That one years continuous
abandonment of tract OF land applied
for, or any default as provided in article
- Of this act shall ipsO faCto work g
forfeiture, snd in case of abandonment or
default such land shall Immediately be-
come subject to entry as if no application
had ever been made for the same.
Sec. IL. That no patent shall issue
upon any application until three years
from the date of filing such application,
and until the payment of the entire
amount of principal and accrued interest
due the state at such time; and if at the
| expiration of such time, the original ap-
pllcant, or if he be dead, his widow, or in
case of her death, his heir or devisee,
or in case of widow making such 6ppli-
cation, her heir or deyisee in case of her
death, proves as hereinafter provided,
before the county judge of the county
wherein such land is situated, or if in an
unOrganiZed county the county to which
such unOrganized county is attached for
surveying purposes, that he, she or they
| have resided upon CIR cultivated the same
continuously for a term of three years
! Immediately succeeding the filing of such
application, and makes affidavit that 70
part of said land has been alien
ated except as hereinafter pro-
vided. Such proof shall be
committed to writing, signed and sworn
| to before the county judge aforesaid, who
| shall forward the same to the state treas
urer, with his certificate of the credibiiity
/ of the parties making such proof, and of
the fact of the publication of intention to
make proof of final settlement as herein
after required.
! Sec. T. That before final proof shall be
submitted by any applicant under the pro-
visions OF this act such person shall file
with the clerk of the county court of the
proper county written notice Of his or her
intention to make such proof. Said no.
tice shall describe said land by metes and
| bounds, number of acres, survey number,
certificate number, name of individual or
corporation to whom was issued the Ger
| tifcate by virtue Of which such location
was made, and the county wherein stu
ed, and the names of the wit
nesseS by whom the necessary
facts will be established. In no
case shall g less number than two wit
nesses beside applicant be sufficient tc
make final proof. And if any witness
making such proof or the said applicant
shall swear falsely as to any material
matter contained in such proof, afiidavits
or oaths, such swearing being wIlful snd
corrupt, he shall be punished as provided
il article - of the Penal Code
Sec. IS. That upon the filing of the
/ notice required by the preceding section,
the said county clerk shall publish q no.
! tiCe that said application has been made,
once week for four consecutive weeks,
in any newspaper to be by him designated
as published nearest such land; provided,
preference shall always be given to the
paper or papers, If any, published IN the
land district wherein such land is stu
ated and he shall further post such no
tlce on the courthouse door, snd in two
other conspicuous places in the
county. At any time within thirty
days OF the expiration Of the said
four consecutive weeks, the said appli-
cant shall make proof ia the manner here
in provided. For hearing such proof, the
county judge shall receive fee of SIS, to
be paid by applicant; for his service under
! this section, the clerk of the county court
shall receive fee of 81 so, to be paid by
| applicant. At any time after three years
from the fling Of his application, any per-
son upon compliance with the provisions
Of this act in reference to payments and
publication of notice Cf intention to make
| final proof, ana upon proof of continuous
occupancy from the filing Of said applica-
| tion until the making Of such proof, shall
! be entitled TO patent for the land in
C!ude1 in such application.
! Sec, II. That after any applicant, his
! heirs, deviSee or assignee has made proof
of occupancy of the land applied for, as
herein required, and has paid for the
same, the state treasurer shall forward
said application, with the proof of occu-
paucy aDdlthe reCeipted obligation, to the
! commissioner of the general land office,
who shall, upon the receipt thereof, issue
to the applicant, bis heir or devisee or
assignee, patent for said land.
Sec. To- That the state shall furnish to
the respective officers ell necessary books
and blanks for carrying the provisions of
this act into effect.
! Sec. l6 That nothing in this act shall
be so construed as to prevent any appli-
cant, living on land for which he has made
! application, and to which he has not per-
fected title to transfer by warranty against
mis- OWN acts, any portion of said land for
church, school or cemetery purposes, or
the right of way of railroads across such
tract.
Sec. Il. That ell persons who have
been actual settlers in good faith prior to
the passage of this act upon any
of the lands hereinbefore mentioned, and
who have inhabited and improved the
same, and erected a dwelling thereon,
and make affidavit thereto and prove
the same before the county Judge of the
proper county by the testimony of two